The respondent sued the appellant at the Federal High Court, Lagos for negligence over the respondent’s imported vehicle which got lost whilst in the appellant’s custody.

The respondent claimed the sums of N500, 000.00 being the current value of the vehicle, N100, 000.00 being the expected profit from its sale and interest at the rate of 21% per annum.

Sequel to the writ of summons, the respondent filed his statement of claim. But instead of filing its statement of defence, the appellant filed and application praying the trial court to dismiss the action on the ground that the respondent did not comply with the provisions of sections 72 (2) and 73 of the Ports Decree No 74 of 1993.

After taking arguments of counsel on both sides, the trial court ruled that the provision of section 72 (2) of the Ports Decree 1993 which prescribes the issuance of pre-action notice is inconsistent with the provisions of the 1979 Constitution and thereby refused the invitation to dismiss the suit.

Aggrieved by the ruling the appellant appealed to the Court of Appeal.